Interstate/International Child Support Issues

Collecting child support across state lines or international borders can be a very difficult task. One of the biggest problems is determining which court has jurisdiction over the case. Once a particular court assumes jurisdiction over a child support case, it may be very difficult to get another court to modify the court order. Out-of-state courts may enforce the court order, but they may be reluctant to change it in any way.

Interstate child support is governed by the Uniform Interstate Family Support Act (UIFSA). Under UIFSA, a court may be able to get personal jurisdiction over an individual for any number of different reasons.

For example, a court may have jurisdiction over a person who lived in the state, even if they have now moved out of state. It may have jurisdiction over a person simply because he or she files a pleading in a court of law. It may have jurisdiction over a person if he or she had sexual relations with the opposing party, which may have resulted in the conception of the child in question. Jurisdiction may be conferred upon a court where the person contributed to prenatal or postnatal expenses for the child.

Getting personal jurisdiction over the person who owes support, however, may not be enough to get a court to hear your case. A court will reject a case if another court still has jurisdiction over the matter. This is known as “continuing exclusive jurisdiction,” and it is an important rule in UIFSA.

However, if you and the opposing party now live in different states, you may be able to enforce an out-of-state support order in a different state by following the statute’s registration and confirmation procedure. This procedure allows you to transfer court orders from one state to another, for purposes of enforcing them against the person who is obligated to pay support. Under UIFSA, employers are obligated to garnish wages in order to pay support to the appropriate child support agency.

A variety of federal and state laws now make it difficult for a child support obligor to escape. Banks and employers are required to disclose account information and obligors’ names and addresses. Social security numbers are routinely required in courthouses. Outstanding child support obligations are reported to credit reporting agencies, and drivers’ licenses, sporting licenses, and professional licenses may be suspended if child support is not paid. Unsatisfied child support debts can be reduced to judgments in favor of the person entitled to the money. Those judgments can be used to levy on assets and accounts.

Although there are many laws and procedures now to assist parents in collecting unpaid child support, there are also many procedures available to parents who have been overcharged for support, or who are not being given credit for the amounts paid. Different laws enable child support obligors to petition the court to reverse their arrears, audit their accounts, and adjust the amounts due.

A change in circumstances, such as a physical injury or loss of job, may qualify somebody for a reduction in child support. Likewise, when the other parent has enjoyed a significant increase in her earnings, income and financial resources, the court may lighten the burden on the parent required to pay child support.

International child support collection is much more difficult than interstate child support enforcement. While UIFSA recognizes international claims, it does not necessarily assist parties who are trying to collect support money from parents living abroad. The United States has very few agreements or compacts with foreign countries relating to child support. Language translation problems, and diverse legal systems often make it difficult to transfer court orders or to collect payment from overseas.